Baker

This is an appeal from a judgment in favor of the veteran upon a war risk insurance policy based upon the claim that the insured became totally and permanently disabled before the policy lapsed on May 31, 1919.

The government appeals, assigning as error the refusal of the court to grant the motion for directed verdict made at the close of the evidence and assigning as error certain instructions to the jury given by the court in response to questions asked by a juror. At the conclusion of the instructions the court stated: “The record may show exceptions to both plaintiff and defendant to the instructions given.” No objection was made by either party to the instructions, no grounds of objection were stated, and no exceptions taken. The statement by the court that exceptions would be allowed to both parties is an insufficient basis for an assignment of error.

Two medical witnesses were introduced by the plaintiff. Each testified in response to a hypothetical question that in his opinion the veteran was totally and permanently disabled at the time he was discharged from the Army and before the policy of insurance lapsed under the departmental definition which was included in the…